Apex Electric Co.

National Labor Relations Board - Board Decisions

Jul 20, 1938

8 N.L.R.B. 431 (N.L.R.B. 1938)

In the Matter of HOLLAND REIGER DIVISION OF APEX ELECTRIC Co. and
UNITED ELECTRICAL , RADIO & MACHINE WORKERS OF AMERICA
Case No. R-581
CERTIFICATION OF REPRESENTATIVES
July 20,1938
On March 24, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled case. ' The Direction of Election directed that an
election by secret ballot be conducted within fifteen (15) days among
all persons employed at the Sandusky, Ohio, plant of Holland- Rieger
Corporation (Division of The Apex Electrical Manufacturing Com-
pany), herein called the Company, during the pay-roll period ending
December 1, 1937, as production and maintenance employees, includ-
ing watchmen and shipping clerks, but excluding clerical, supervisory,
and time-study employees, and those who had since quit or been dis-
charged for cause, to determine whether they desired to be repre-
sented by Local No. 710, United Electrical, Radio and Machine
Workers of America, affiliated with the Committee for Industrial
Organization , herein called the United, or by Lodge No. 1329, Inter-
national Association of Machinists, affiliated with the American Fed-
eration of Labor, herein called the I. A. M., for the purposes of
collective bargaining, or by neither.
On April 8, 1938, the Board issued an Amendment to Direction of
Election.' The Direction of Election, as amended, provided that an
election should be held at such time as the Board might in the future
direct. -
On June 15, 1938, the Board issued a Second Amendment to Direc-
tion of Election ,3 herein called the Second Amendment, providing
that an election should be held within fifteen (15) days from the date
of the Second Amendment.
On June 23, 1938, the I. A. M. requested the Board to withdraw its
name from the ballot. -
16 N. L R. B. 156
26 N. L. It. B 162
17 N L. It. B 921.
8 N. L. R. B., No. 49.
431
0
432 NATIONAL LABOR RELATIONS BOARD
On June 28, 1938, the Board issued a Third Amendment to Direc-
tion of Election,4 herein called the Third Amendment. The Third
Amendment provided that an election should be held within twenty-
five (25) days from the date of the Second Amendment, to determine
whether or not the eligible employees desired to be represented by the
United, for the purposes of collective bargaining.
An election by secret ballot was conducted on June 27, 1938, under
the direction and supervision of the Regional Director, among the
eligible employees'of the Company. On June 29, 1938, the Regional
Director, acting pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 1, as amended, issued
and duly served upon the parties an Intermediate Report upon the
election. No objections or exceptions to the Intermediate Report
have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total number of employees eligible___________________________ 329
Total number of votes cast__________________________________ 233
Total number of votes for Local No 710, United Electrical,
Radio & Machine Workers of America______________________ 171
Total number of votes against Local 710, United Electrical,
Radio & Machine Workers of America_____________________ 62
Total number of blank ballots_______________________________ 0
Total number of void ballots ________________________________ 0
Total number of challenged votes____________________________ 0
The election was held, it will be observed, on June 27, 1938, one
day prior to the issuance of the Third Amendment, which removed
the name of the I. A. M. from the ballot. However, the election was
conducted in conformance with the provisions set forth in the Third
Amendment and with the request made by the I. A. M. on June 23.
No objections or exceptions to the Intermediate Report have been
filed by any of the parties. It is clear that none of the parties was
prejudiced by the election of June 27, and that the holding of another
election would be a needless formality. We shall, therefore, certify
the United on the basis of the results of the election.
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, and pursuant to Article III, Sections 8
and 9, of National Labor Relations Board Rules and Regulations-
Series 1, as amended, -
IT IS HEREBY CERTIFIED that Local No. 710, United Electrical, Radio
and Machine Workers of America, affiliated with the Committee for
Industrial Organization, has been designated and selected by a ma-
jority of the production and maintenance employees of Holland-
47 N L R B. 921.
t
DECISION'S AND ORDERS 433
Rieger Corporation (Division of The Apex Electrical Manufacturing
Company), Sandusky, Ohio, including watchmen and shipping clerks,
but excluding clerical, supervisory, and time-study employees, as their
representative for the purposes of collective bargaining, and that,
pursuant to Section 9 (a) of the Act, Local No. 710, United Electrical,
Radio and Machine Workers of America, affiliated with the Commit-
tee for Industrial Organization, is the exclusive representative of all
such employees for the purposes of collective bargaining in respect
to rates of pay, wages, hours of employment, and other conditions of
employment.
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